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Allahabad HC Takes Cognizance Of A Missing BHU Student, Allegedly Disappeared From Police Custody [Read Order]

LIVELAW NEWS NETWORK
20 Aug 2020 9:01 AM GMT
Allahabad HC Takes Cognizance Of A Missing BHU Student, Allegedly Disappeared From Police Custody [Read Order]
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The Allahabad High Court on Wednesday took cognizance of a letter petition addressed to the Chief Justice in relation to a missing student from Varansai, who allegedly disappeared from the Police custody six months ago. The Division Bench comprising Chief Justice Govind Mathur and Justice Samit Gopal has issued notice to the concerned authorities and has asked the Government Advocate...

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The Allahabad High Court on Wednesday took cognizance of a letter petition addressed to the Chief Justice in relation to a missing student from Varansai, who allegedly disappeared from the Police custody six months ago.

The Division Bench comprising Chief Justice Govind Mathur and Justice Samit Gopal has issued notice to the concerned authorities and has asked the Government Advocate to file a complete statement of facts in a form of short counter affidavit, before next date of hearing.

Advocate Saurabh Tiwari, an alumnus of the Banaras Hindu University (BHU) had addressed a letter to the Chief Justice, highlighting the plight of a poor father has been unable to establish contact with his son Shiv Kumar Trivedi, a 2nd year B.Sc. students at BHU, ever since February 12, 2020.

As per the facts averred in the letter, Trivedi was picked up by certain police personnels from the M.P. Theatre ground, BHU on the said date and was taken to the Police Station Lanka, District Varanasi. Ever since, there has been no sign of the student. His father made several complaints to senior police officials of Varansai, registered IGRS complaints, etc. but in vain.

It is pointed out that Trivedi was picked up from the Theatre ground on the basis of a 112 call made by a fellow student, who reported that Trivedi was standing there in an unconscious/unusual way. However, the Police kept denying that Trivedi was at the Lanka police station until production of proof of dial 112 call detail.

As per the letter, the police have now accepted that Trivedi was in Lanka PS on the intervening night of February 12 however, it has not given any further detail of the missing student.

Based on these submissions, the Court decided to treat the letter as a writ petition in the nature of Habeas Corpus and issued notices to the concerned parties.

"Let a notice of this petition be issued to the District Magistrate, Varanasi, Senior Superintendent of Police, Varanasi and Station House Officer, Police Station Lanka, Distirct Varanasi through the Government Advocate, Allahabad High Court, Prayagraj," the Court ordered while posting the matter for hearing on August 25.

Case Details:

Case Title: Saurabh Tiwari v. State of UP

Case No.: PIL No. 819/2020

Quorum: Chief Justice Govind Mathur and Justice Samit Gopal

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